Terms of Service

Welcome to Refersion ("Refersion"). By using this Web site (the "Site"), you are agreeing to comply with and be bound by the following Terms of Service Agreement ("Agreement"). Please review the following terms carefully. You acknowledge that, by using the Site, you agree to be bound by, subject to and to act in accordance with the provisions of these Terms of Service and the Refersion Privacy Policy. If you do not agree to these terms, you have no right from Refersion to obtain information from or otherwise use this Site.

Introduction

You agree to the terms and conditions outlined in this Agreement with respect to the Site. This Agreement may be amended at any time by Refersion from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to each use of the Site. By using the Site, you acknowledge that you have read, understood and agreed to be bound by this Agreement.

If you are a child under the age of 13 you are only permitted to use any the Site with the permission of your parent or guardian. If it comes to the attention of Refersion that a registered user of the any of our Services is a child under the age of 13 years old, Refersion may cancel that user'­s account, and no notice shall be required of such cancellation.

Copyright and Service Mark Information

Refersion makes no claims to the intellectual property provided and created by you and your company. Refersion owns all intellectual property in the Site, including without limitation, the proprietary software, servers, databases, components, and algorithms necessary to operate the Site. The Site may at times link to or contain content made available from third parties not associated with Refersion Any such third party content is owned by such third party and may be subject to applicable copyright and other related intellectual property laws.

Editing, Deleting and Modification

We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site. In agreeing to this Agreement and through your use of any portion of the Site you are agreeing to bear the risks of and hold Refersion harmless for any and all effects any changes, edits or deletions may have on you and your ability to use the Site or any portion thereof, in whole or in part.

Indemnification

You agree to indemnify, defend and hold Refersion and their respective directors, officers, shareholders, employees, agents, attorneys, advertisers, and publishers (collectively, "Our Affiliated Parties") harmless from any liability, loss, claim or expense, including reasonable attorneys'­ fees, related to your use of the Site or violation of this Agreement.

Nontransferable

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable.

User Conduct

You represent and warrant that your usage of the Site will only be for lawful purposes and will be done in accordance with this Agreement and all applicable laws. You also represent and warrant that you will not use the Site to violate any law, regulation or ordinance or any right of Refersion or any third party, including, without limitation, any right of privacy, publicity, copyright, patent or trademark or other intellectual property right. You further represent and warrant that you have the adequate legal capacity to abide by this Agreement. You represent and warrant that all registration information (including PayPal usernames and/or passwords) provided by you in connection with accessing and/or using the Site is true, accurate, current and complete at the time of registration and you undertake to update all such registration information if at any time during your use of the Site it becomes untrue or inaccurate.

You agree to not use the Site for any purpose that is unlawful or prohibited by law, this Agreement, or any purpose not reasonably intended by Refersion.

By using Refersion, and participating as either a company or a user you are to adhere to the following rules of conduct:

You agree that this service is provided on an "as-is" and "as available" basis. Your use is at your own risk. Our site and our API may, from time to time, be inaccessible due to server upgrades and maintenance.

By creating an account you agree to monitor your users to ensure appropriate conduct and refrain from allowing, advising or guiding them to spam. You agree to act with in good faith in all dealings surrounding your program, including answering questions, responding to issues, and posting your company specific payment terms.

You agree to promptly and fully pay all users who are owed a commission on your panel according to your terms.

Refersion is not be responsible for the actions of your users, and we reserve the right to disapprove, remove, delete or revoke users on your panel with or without cause for any reason we see fit.

Absolutely no spamming is tolerated. Any evidence of spamming may lead to absolute removal from our platform.

REFERSION WILL NOT, IN ANY EVENT, BE LIABLE TO ANY PARTY, INCLUDING YOU (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, REGARDLESS OF WHETHER REFERSION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO OMISSIONS, ERRORS, DELAYS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION; (iii) FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION; OR (iv) IF ANY INFORMATION INFECTS OR CONTAMINATES A USER'­S SYSTEM OR INFORMATION. SINCE SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, REFERSION'­S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Without limiting the foregoing, in no event will Refersion'­s liability with respect to this Agreement exceed the amount you paid (if you paid) to Refersion for the Services.

Disclaimer of Warranties

THE SITE IS MADE AVAILABLE ON AN "AS IS, AS AVAILABLE" BASIS. REFERSION DOES HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OFFERED BY REFERSION, INCLUDING WITHOUT LIMITATION, THE SITE AND/OR ANY INFORMATION DELIVERED, SENT, OR RECEIVED BY USERS ON OR THROUGH THE SERVICES, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.

REFERSION DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY, RELIABILITY OR THE RESULTS OF THE USE OF THE SERVICES, OR ANY PORTION THEREOF, THE ACCESSIBILITY TO THE SERVICES OR ANY PORTION THEREOF, OR THE INFORMATION PROVIDED IN THE VARIOUS REFERSION DATABASES, LISTINGS DATA, AND DIRECTORIES IN TERMS OF THE ACCURACY, VALIDITY, QUALITY, RELIABILITY, COMPLETENESS, STABILITY, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS OR PRODUCTS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE SITE AND ACCESS TO THE REFERSION SERVERS OR THE VARIOUS DATABASES, LISTINGS DATA, AND DIRECTORIES, IS ASSUMED AND BORNE BY YOU. REFERSION DOES NOT REPRESENT OR WARRANT TO THE ACCURACY, VALIDITY, RELIABILITY, CORRECTNESS, COMPLETENESS OR QUALITY OF ANY INFORMATION OF ANY NATURE INCLUDING WITHOUT LIMITATION USER'­S DETAILS PUBLISHED ON OR THROUGH THE SERVICES.

Links to Other Web Sites

The Site may now, or hereafter from time to time, contain links to third-party Web sites. We do not control, investigate, monitor or check such Web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such Web sites. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Site and access any third-party Web site, you do so at your own risk. Under no circumstances shall the access to or availability of such third party services give rise to any liability to anyone for any damage of whatever nature whatsoever.

Information and Press Releases

The Site may contain interviews, discussions, press releases and other information (collectively, "Information") about us, our business and our services, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Site. While all Information prepared by Refersion was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than Refersion that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information, including by employees and agents of Refersion, are solely those of the author(s) and do not necessarily reflect those of Refersion.

Export Control

Any text, logos, designs, graphics, images, sounds, information, documents, or other materials (collectively, "Materials") available from or through the Site are or may be subject to United States export controls. You agree to abide by U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. No such Materials from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department'­s list of Specially Designated Nationals or the U.S. Commerce Department'­s Table of Denial Orders (each, a "Restricted List"). By using or downloading any Materials from the Site, you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any Restricted List.

Visitors' Communications

Except where expressly provided otherwise by us, all comments, feedback, information, or materials that you submit through or in association with the Site shall be considered non-confidential. By submitting such comments, feedback, information, or materials to us:

You represent and warrant that Refersion's use of your submission does not and will not breach any agreement, violate any law, or infringe any third party'­s rights;

You are solely responsible for determining whether any materials you wish to upload, post or otherwise make available are subject to copyright, trademark or some other proprietary right;

You represent and warrant that you have all rights to enter into this agreement;

Refersion is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and

You grant Refersion all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by Refersion to anyone whatsoever.

You are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary right, or any other damages that result from materials that you upload, post or otherwise make available on the Site.

We do not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials.

Refersion expressly prohibits the scraping of email addresses from any Refersion Web site (including all areas of this Site's members and non-members) and expressly opts out of receiving commercial electronic mail messages to Refersion domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software.

Fees & Closing Accounts

We reserve the right to cancel your account, close your dashboard and immediately deactivate all urls, links and marketing and advertising materials created on our site, with or without cause, in our sole discretion. If your account is unpaid or your method of payment does not remit payment correctly your account will be moved down to the Free Version or deleted (as described above) at Refersion'­s sole discretion and users and commissions may be removed. We will make sure to attempt to contact you personally before this happens, yet we cannot guarantee we will do so. If you wish to close your account, you must email us at admin@refersion.com, upon such notice your URL will be deactivated and your logos, banners, affiliate and commission lists will not be available for your use and cannot be recovered. You will not be charged again.

Pricing and Plans

We reserve the right to modify, alter, create, or discontinue our plans collectively or individually: however, if we do change prices, your pricing plan at the time of signup will be grandfathered.

Refersion Credit/Attribution

Client agrees to prominently display the following attribution on Refersion enabled widgets and/or other assets connection with its use of the Platform: "Powered by Refersion".